Question

A plaintiff sues a defendant for injuries suffered when the plaintiff was struck by a car driven by a guest who was leaving the defendant's house following a cocktail party. The plaintiff claims that the driver consumed too much liquor at the defendant's cocktail party and was noticeably drunk before leaving the party and injuring the plaintiff. The plaintiff offers evidence that, after the accident, the defendant visited the plaintiff at the hospital and, after offering to pay all of the plaintiff's medical expenses, said, "That's the least I can do after letting the guest leave my house so drunk last night."The statement that the guest was drunk when leaving the cocktail party on the night of the accident is __________.

Answer 1

Answer:

Admission

Explanation:

The fact that the defendant was drunk when he left the party was the sole cause of the accident. The reason the defendant was allowed to leave the party was not in moral standing, the fault of any. However, since the host of the party was aware that he was drunk and allowed him to leave does require that he assume some legal liability. In that same vein the host of the party was forward to the plaintiff to announce to him that he was aware of the circumstances.  This is not hearsay, but admission.